What can a defendant do if a judgement has been made in a debt collection case and the defendant was not aware of the court date?

Asked on July 27, 2012 under Bankruptcy Law, Georgia

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Why were you not aware?  Were you ever served with court papers and if yes did you put in an "Answer" to the "Summons and Complaint?"  If you did then you should have been notifeid.  But I think what happened is that you were not properly served and the creditor took a "default judgement" against you. What you have to do is to make a Motion to Vacate the Default on the basis of their failure to properly serve you with the summond and complaint.  You may need a "meritorious defense" to the suit - you paid, you are disputing the charges, etc. - in order to do so.  You may wish to negotiate a settlement and ask for a satisfaction of judgement. Good luck.

 


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.